Investments Designed for New Hampshire
NH PDIP has provided New Hampshire’s public entities with investment options since 1993. NH PDIP focuses on safety, liquidity, and earning a competitive yield in order to meet the distinct needs of cities, towns, school districts, and other political subdivisions.
This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Pool’s investment objectives, risks, charges and expenses before investing in the Pool. This and other information about the Pool is available in the Pool’s current Information Statement, which should be read carefully before investing. A copy of the Pool’s Information Statement may be obtained by calling 1-844-464-7347 or is available on the NHPDIP website at www.nhpdip.com. While the Pool seeks to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing in the Pool. An investment in the Pool is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Pool are distributed by U.S. Bancorp Investments, Inc., member FINRA (www.finra.org) and SIPC (www.sipc.org). PFM Asset Management is a division of U.S. Bancorp Asset Management, Inc., which serves as administrator and investment adviser to the Pool. U.S. Bancorp Asset Management, Inc. is a direct subsidiary of U.S. Bank N.A. and an indirect subsidiary of U.S. Bancorp. U.S. Bancorp Investments, Inc. is a subsidiary of U.S. Bancorp and affiliate of U.S. Bank N.A.
New Ha mp sh ire Publ ic Deposit Inve st ment Pool
Margaret M.L. Byrnes, Executive Director
Stephen C.
Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301
New Hampshire Municipal Association: NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301. NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy. Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested. © Copyright 2025 New Hampshire Municipal Association Production/Design Evans Printing Co.
New Hampshire Municipal Association BOARD OF DIRECTORS
Laura BuonoImmediate Past Chair Town Administrator, Hillsborough
David Caron Town Administrator, Derry
Shelagh Connelly Conservation Commission, Holderness
Phil D’Avanza Planning Board, Goffstown
Stephen Fournier Town Manager, Newmarket
Elizabeth Fox - Chair Asst. City Manager, HR Director, Keene
David Stack Town Manager, Bow
Jennifer Kretovic City Councilor, Concord
Conner MacIver Town Administrator, Barrington
Dale Girard Mayor, Claremont
Holly Larsen Finance Director/Tax Collector, Berlin
Joanne Haight Select Board Chair, Sandwich
Thomas Seymour Moderator, Hill
Jeanie Forrester - Secretary Select Board Member, Meredith
Joseph R. Devine Assistant Town Manager, Salem
Shaun Mulholland City Manager, Lebanon
Bonnie Ham Planning Board Chair, Woodstock
Lisa Drabik Human Resources Director, Manchester
Lori Radke Town Council, Beford
NHMA A Message from the Executive Director
Margaret M.L.Byrnes
Welcome to May—and the second half of the legislative session. April 10 was Crossover, the day on which bills must pass over from their originating chamber to the other side. This also means that the House has sent its recommended budget over to the Senate. Our two major focuses for the remainder of the session are zoning mandates and the state budget.
The state budget, as passed by the House, will downshift costs onto municipalities through cuts in funding and new obligations. The laundry list of “horribles” in the House proposed budget includes the following:
• The municipal distribution of the Meals & Room tax is frozen at $137, rather than distributing 30%. Based on revenue projections, municipalities would lose out on about $11 million.
• No new funding for state aid grants (SAG) for the state share of local wastewater project costs, and no funding for InvestNH, Housing Champions, or regional planning commissions, despite housing being a major priority for the state.
• In a year of massive cuts—from the Office of the Child Advocate to the Council for the Arts—significant new spending is proposed through roll back of the 2011 retirement reforms, affecting approximately 1600 active employees in the system. Although $27.5 million is appropriated for this cost in the proposed budget, that amount would—roughly— cover the cost of these changes for this upcoming biennium only. Since a future legislature has no obligation to continue funding the municipal portion of this cost increase, we anticipate significant downshifting onto municipalities if this proposal passes. Originally, the governor’s budget proposed a revenue stream to fund the increases in retirement costs through the expansion of slot machines (video lottery terminals—VLTs), but Division II of House Finance recommended diverting most of these funds into the education trust fund. The result? A huge additional bill for local taxpayers in the years to come.
• Other changes include repeal of RSA 31-A (revenue sharing); changes to CHIP, Medicaid, and Medicaid Advantage Programs; elimination of motor vehicle inspections (and resulting decrease in revenues); and changing local health officer authority.
Shifting gears to zoning mandates: The legislature is taking a “blame local government” approach to the statewide—actually, nationwide—housing shortage. As a result, there are dozens of zoning mandate bills, some of which conflict with one another and many of which are poorly drafted, vague, and conflicting with current statutes—and none of which actually incentivize or require the development of affordable housing, despite them being promoted as housing bills. To compound the problem, the majority of these zoning mandates are being rubber-stamped by the House Housing Committee and the Senate Commerce Committee’s subcommittee on housing, respectively, and then passing on the consent calendar, with no debate.
But that’s what NHMA is here for, and we’ll be advocating for our members—against downshifting and usurping of local control—for the remainder of this session, and every session. Members can greatly amplify our advocacy by calling their legislators, testifying at hearings, or inviting legislators to select board/council meetings to share their views and ask questions about how legislators are standing up for good policy and local control, and against downshifting, at the legislature. If you ever have questions, reach out to us at governmentaffairs@ nhmunicipal.org.
Warmest regards,
Margaret M.L. Byrnes, NHMA Executive Director
The State of New Hampshire Department of Information Technology (DoIT) is excited to announce a new initiative that leverages ARPA funds to support local New Hampshire government entities in meeting their obligations under Title II of the Americans with Disabilities Act (ADA). This effort includes a website accessibility scanning service utilizing DubBot, a website scanning tool designed to help identify and address digital accessibility issues, as well as broken links, misspellings, etc.
The recent update to the ADA Title II rule reinforces the importance of ensuring that government websites and digital services are accessible to individuals with disabilities. Compliance is essential for providing equal access to information and services for all residents, including those who rely on assistive technologies such as screen readers, keyboard navigation, and voice recognition software. As of 2023, one in eight New Hampshire residents were reported to have some type of disability, which is defined as a physical or mental impairment that substantially limits one or more major life activities.
To assist municipalities in achieving compliance, the State is offering access to DubBot, a tool that scans websites for accessibility barriers, highlights areas for improvement, and provides actionable recommendations. By leveraging this resource, municipalities can proactively enhance their digital content and ensure access by all members of the community.
“Ensuring digital accessibility is a key priority in making government services available to everyone,” said Denis Goulet, DoIT Commissioner. “With so many services offered online, having an accessible website is critical. An additional benefit is that building in digital accessibility improves the experience for all users.”
Municipalities interested in utilizing this service can learn more and sign up by visiting the DoIT Digital Accessibility webpage. While this initiative supports reporting services only, digital accessibility is a journey, and the actionable report offers municipalities a roadmap to compliance.
Join the NH Food Alliance, the NH Department of Agriculture, Markets, and Food, and organizations and people working across New Hampshire’s food system as we celebrate the official release of the 2025 New Hampshire Food and Agriculture Strategic Plan, both in print and as an interactive online platform. The New Hampshire Food and Agriculture Strategic Plan will serve as an actionable roadmap for positive change, streamlining their collective efforts to obtain funding, pass policies, develop programs, invest in infrastructure, and build networks to increase farm, fish, and food business viability and foster equity across our food system. The expertise and guidance housed
within the Strategic Plan puts thousands of professionals in the driver’s seat to deliver ideas for change to the right people at the right time and drive positive impacts in our food system.
Join hundreds of your recycling peers at the 2025 NRRA Recycling Conference & Expo!
Happening May 19-20 in Concord, NH, this is your opportunity to learn from experts, share best practices, and network with fellow solid waste operators, municipal leaders, and passionate volunteers. From composting to hard-to-recycle materials, we’re covering the topics that matter most.
Application for Grant Support from Overwatch Foundation is Now Entirely Digital!
The Overwatch Foundation is pleased to let you know that we are now accepting grant applications entirely digitally and on our website! No more PDFs! With this change, we have made this not only easier for anyone trying to promote the cyberdefense program, but also for our team to quickly process applications for fast response time and grant delivery. For those not ready to apply directly, additional information on the grants are still available at www.overwatch.org or by calling our main line at (603) 451-1565.
NHSCA FY26 Arts for Community Engagement Grant Applications Open
The New Hampshire State Council on the Arts is accepting applications for its FY26 grants, including Arts for Community Engagement (ACE) project grants. ACE grants support community enrichment and public benefit by providing access to a wide range high quality arts events and activities presented by community-based nonprofit organizations, Main Street programs, and municipalities. The goals of this funding category are to engage and benefit New Hampshire residents and communities through the arts; encourage collaborative and cross-sector community partnerships; stimulate local economies through cultural tourism and the arts; and enhance the vibrancy of New Hampshire communities and quality of life for New Hampshire citizens. Grants will be awarded up to $8,000. The application deadline is Friday, June 27, 2025.
Upcoming Events
MAY
Right-to-Know Law: Public Meetings & Governmental Records Workshop
9:00am – 2:30pm Tuesday, May 6
Hybrid: Zoom and NHMA Offices, 25 Triangle Park Drive, Concord, NH 03301
Hard Road to Travel Workshop
9:00am – 2:30pm Thursday, May 15
Hybrid: Zoom and NHMA Offices, 25 Triangle Park Drive, Concord, NH 03301
NHMA Board of Directors Meeting
10:30am – 12:00pm Friday, May 16
For more information or to register for an event, visit our online Calendar of Events at www.nhmunicipal.org. If you have any questions, please contact us at registrations@nhmunicipal.org.
JUNE
Local Officials Workshop
9:00am – 4:30pm Thursday, June 5
Jaffrey Fire Station, 138 Turnpike Road, Jaffrey NH 03452
A Guide to Effective Code Enforcement Workshop
9:00am – 12:00pm Thursday, June 12
Hybrid: Zoom and NHMA Offices, 25 Triangle Park Drive, Concord, NH 03301
Municipal Trustees Training Workshop
9:00am – 4:00pm Tuesday, June 17
25 Triangle Park Drive, Concord, NH 03301
Omni Mt. Washington Hotel, Bretton Woods, NH 03575
Do’s and Don’ts of Background Checks Webinar
12:00pm – 1:00pm Wednesday, May 21 Zoom
Memorial Day (NHMA offices closed) Monday, May 26
NHMA Offices, 25 Triangle Park Drive, Concord, NH 03301
ZBA Basics Webinar
9:00am – 1:00pm Wednesday, June 18 Zoom
NHMA Board of Directors Meeting
9:30am – 12:00pm Friday, June 20
25 Triangle Park Drive, Concord, NH 03301
Art of Welfare Workshop
9:00am – 1:30pm Wednesday, June 17
NHMA Offices, 25 Triangle Park Drive, Concord, NH 03301
For the most up-to-date event and training information, please visit the NHMA website at www.nhmunicipal.org. Event times and dates are subject to change. Thank you.
New Hampshire Bans Disposal of Rechargeable Lithium-Ion Batteries
By Ann Astarita, Pollution Prevention Coordinator, NHDES
Michael Nork, Supervisor of Materials Management, Education & Planning Section, NHDES
Paige Wilson, Waste Reduction & Diversion Planner, NHDES
Demand for lithium-ion (Li-ion) batteries is growing. This is largely because of their efficient power delivery, relatively small packaging, and quick recharge rates that outperform other battery types.1 In everyday life, Li-ion batteries are used in a wide variety of consumer products, including:
• Automotive vehicles.
• Electric bikes and scooters.
• Lawncare equipment.
• Portable electronics such as cell phones, laptops, tablets, cameras, wireless headphones, speakers.
• Rechargeable toothbrushes.
• Cordless power tools.
• Toys and other rechargeable electronic devices.
Dangers of Lithium-Ion Batteries
When used properly, Li-ion batteries have a failure rate of less than one in a million.2 However, if those same batteries are disposed improperly, they can easily be damaged and cause intense fires.
Damage can lead to a phenomenon called “thermal runaway” which occurs when chemical reactions within the lithium-ion cell result in a self-heating, uncontrollable state.3
Consequences of thermal runaway include extremely high temperatures, gas ejection, smoke, and fire. When a Li-ion battery experiences thermal runaway within a load of trash or mixed recyclables, the fire can easily spread to other ignitable materials within the load, causing problems for waste haulers and solid waste management facilities.
According to an EPA study released in 2021, Li-ion batteries caused over 245 fires at 64 landfills across the United States between 2013-2020.4
Since then, there has been a significant increase in occurrence of fires. By 2024, a report by the National Waste and Recycling Association estimated more than 5,000 fires occur every year at waste management facilities nationwide, many likely caused by Li-ion batteries.5
In New Hampshire, solid waste facilities have experienced an uptick in fires, with the cause suspected to be Li-ion batteries. For example, the Cities of Lebanon6 and Keene7 as well as the Town of Lee8 recently reported fires at their solid waste facilities, causing thousands of dollars in damage. In March 2025, the Roxbury neighborhood of Boston reported a transfer station fire with estimated damages of $4 million.9
Cell phones, laptops, and tablets are examples of devices with lithium-ion batteries that must be recycled as of July 1, 2025.
Lithium-ion batteries often have symbols indicating they should not go in the trash. They are a fire risk.
Fires in the waste stream result in economic loss, increased use of emergency response, service disruption, and can even lead to injury or death. In fact, New York City reported six deaths in 2024, which were related to lithium-ion battery fires.10
NH Legislators Enact Remedy
In 2024, New Hampshire legislators responded to the dangers posed by improper Li-ion battery disposal by enacting a disposal ban. New Hampshire State Rep. Karen Ebel introduced HB 1386, which proposed to add such batteries to the list of wastes banned from disposal in New Hampshire landfills and incinerators.11 The bill gained the support of the New Hampshire Solid Waste Working Group, legislators, industry experts, waste haulers and municipalities, and was signed into law by Governor Sununu.
Starting July 1, 2025, all rechargeable Li-ion batteries will be prohibited from disposal in New Hampshire’s landfills and incinerators.12 This applies to everyone statewide – individuals and businesses.
What NH Households and Businesses Should Know
Lithium-ion batteries contain hazardous metals and can pose safety hazards when improperly managed. When crushed or damaged, they can ignite.
Lithium-ion batteries should never be put in the trash or curbside recycling bin.
Starting July 2025, households and businesses must recycle lithium-ion batteries through separate battery collection programs.
Municipalities, solid waste districts, and owners or operators of solid waste landfill facilities and incinerators must provide informational signs, written notification to customers, and publicly available educational materials on the battery disposal ban, safe handling and recycling.
If it’s rechargeable, it’s recyclable!
Where To Recycle Lithium-Ion Batteries
Many New Hampshire municipalities and businesses like Staples, Best Buy, Home Depot, and BatteriesPlus, have collection boxes for recycling rechargeable batteries. To find the nearest drop-off site, contact your local transfer station, check Call2Recycle.org or visit one of the retail locations mentioned above.
In the search for recycling vendors, municipalities may review the state contracted vendors list. (Type in the word “electronic” in the search bar for a listing.)
law.
For More Information
To learn more about how to manage different types of batteries, visit the Battery section of the New Hampshire Department of Environmental Services (NHDES) Managing My Waste webpage
Residents should contact their local transfer station or the NHDES Household Hazardous Waste Program via email at hhw@des.nh.gov or by phone at (603) 271-2047. Businesses should contact the Hazardous Waste Helpline at 1-866-HAZ-WAST.
Remember, if it’s rechargeable, it’s recyclable!
Endnotes
1 Ralls, A. M., Leong, K., Clayton, J., Fuelling, P., Mercer, C., Navarro, V., & Menezes, P. L. (2023). The Role of Lithium-Ion Batteries in the Growing Trend of Electric Vehicles. Materials, 16(17), 6063. https://doi.org/10.3390/ma16176063
2 BU-304a: Safety Concerns with Li-ion. (2010, September 3). Battery University. https://batteryuniversity.com/article/bu-304a-safety-concerns-with-li-ion
3 Research Institutes. (2021, September 14). What Are Lithium-Ion Batteries? - UL Research Institutes. UL Research Institutes. https://ul.org/research-updates/whatare-lithium-ion-batteries/
4 United States Environmental Protection Agency. (2021). An Analysis of Lithiumion Battery Fires in Waste Management and Recycling https://www.epa.gov/system/ files/documents/2021-08/lithium-ion-battery-report-update-7.01_508.pdf
5 Heffernan, M. (2024, January 19). Study quantifies lithium battery threat to infrastructure. E-Scrap News. https://resource-recycling.com/e-scrap/2024/01/18/ study-quantifies-lithium-battery-threat-to-infrastructure/
6 Fires at the Landfill Really Stink. (2020). Lebanon, NH. https://lebanonnh.gov/ CivicAlerts.aspx?AID=695&ARC=1683
7 Second fire in days at Keene facility causes estimated $400K in damage. The Keene Sentinel. https://www.keenesentinel.com/news/local/second-fire-in-days-atkeene-facility-causes-estimated-400k-in-damage/article_ae114996-0dbb-58f1a568-9ef35b6912a8.html
8 Lithium Battery Fire in Lee, NH. (2022, June 2). Northeast Resource Recovery Association. http://www.nrrarecycles.org/news/lithium-battery-fire-lee-nh
9 Friedman, I. (2025, March 16). Firefighters battle 8-alarm blaze at Roxbury transfer station. Boston Herald. https://www.bostonherald.com/2025/03/16/ firefighters-battle-blaze-at-roxbury-transfer-station/
10 FDNY Commissioner Announces Significant Progress in the Battle Against LithiumIon Battery Fires. (2025, January). The Official Website of the City of New York. https://www.nyc.gov/site/fdny/news/03-25/fdny-commissioner-robert-s-tuckersignificant-progress-the-battle-against-lithium-ion#/0
11 Waste Reduction and Diversion. (2025). NH Department of Environmental Services. https://www.des.nh.gov/waste/solid-waste/waste-reduction-anddiversion#tab-tabbed_content-66bfa334d3a94-0
12 New Hampshire HB1386 | 2024 | Regular Session. (2024). LegiScan. https:// legiscan.com/NH/text/HB1386/2024
Cordless power tools use lithium-ion batteries. The battery must be recycled per NH
SThe Benefits of Municipal Leadership in New Hampshire Why Membership in the MMANH Matters
By Rick Sawyer, MMANH President, Bedford Town Manager
trong, effective leadership is the foundation of successful communities. In New Hampshire, Town Administrators, Town Managers, and City Managers play a vital role in ensuring the smooth operation of municipal government, balancing budgets, managing staff, and addressing the needs of residents. However, the challenges of municipal management can be complex and ever-changing. That is why membership in the Municipal Management Association of New Hampshire (MMANH) is an invaluable resource for those leading our cities and towns. The following is a little bit more about what we provide.
Managers 101: Preparing New Leaders for Success
Stepping into a leadership role in municipal government can be a daunting challenge. New Town Administrators and Managers must navigate complex regulations, budgeting processes, and personnel management while also engaging with elected officials and residents. MMANH recognizes these challenges and offers the Managers 101 program, a 1 on 1 mentoring program where new members receive individualized instruction from our partners at NHMA, HealthTrust, and Primex, and are partnered with a seasoned professional for support during their entire first year in the job. This program helps individuals who are new to the job navigate the complexities that managing in New Hampshire can bring and builds for long term success.
Fellowship Program: A Win-Win for Students and Communities
Our Fellowship Program brings college students into local government to assist communities while providing 50% of the funding. Towns and cities benefit from fresh perspectives and added resources at an affordable cost, while students gain real-world exposure to the inner workings of municipal management. Many program participants go on to pursue careers in public administration, strengthening the pipeline of future municipal leaders in New Hampshire.
A Community of Support Through
the MMANH Listserv No municipal leader should feel isolated in their role. One of the greatest advantages of MMANH membership is access
to the association’s active listserv. This online resource connects members to their colleagues across the state, creating an invaluable forum for problem-solving, idea-sharing, and professional support. Whether a Town Administrator needs guidance on a policy issue, a City Manager is seeking an example of a successful initiative, or a member is simply looking for advice from seasoned professionals, the listserv fosters a strong network of municipal leaders who are ready to help each other navigate everyday challenges.
Educational Programs for Continuous Growth
Municipal management is an evolving field, requiring ongoing education to keep up with changing laws, policies, and best practices. MMANH is committed to professional development through its robust educational programming, held six times a year. These conferences, lunch & learns, and workshops cover a range of important topics facing communities including, financial management, human resources, public engagement, artificial intelligence, mental health, and all the issues we face. By staying informed and up to date, MMANH members ensure they are providing the best possible leadership for their communities.
Joining MMANH: An Investment in Effective Governance For Town Administrators, Town Managers, and City Managers MMANH membership is more than just a professional affiliation—it is an investment in effective governance. By joining MMANH, municipal managers and Assistant Administrators/Managers gain access to a supportive network, valuable training, and a wealth of shared knowledge that strengthens both individual careers and the communities they serve.
Join now or make sure your community’s leader is already a member to help ensure you and your community are thriving by taking advantage of this tremendous resource.
For more information, please visit www.mmanh.org or contact Walter Johnson, Executive Director at: mmanhexecdir@outlook. com
UP CLOSE AND PERSONAL
Welcome to Up Close and Personal, a regular column in New Hampshire Town and City designed to give readers a closer look at NHMA Board members. This issue features Councilor Jennifer Kretovic, City
“Serving
as a City Councilor has deepened my understanding of how government operates at the local level and the significant impact it has on people’s daily lives.”
What are your duties and responsibilities as a City Councilor in Concord?
My primary duties and responsibilities revolve around communication, consensus building, and decision-making. I represent the voice of my specific ward at the Council table and, in turn, convey the perspectives from various committees back to the Council. Community consensus building often focuses on larger-scale projects impacting Concord. Finally, the decision-making aspect involves critical responsibilities such as setting policy, adopting the annual budget, and providing oversight of our Executive Leader, the City Manager.
What is your biggest challenge in performing your duties?
It’s fitting that Merriam-Webster selected “Polarization” as the 2024 Word of the Year. Polarity is increasingly evident, even when the Council table should function as a non-partisan board. My greatest challenge is navigating this environment while ensuring that my vote reflects the voice of our community—not for myself or any political party. Maintaining the integrity of that conviction is what matters. Our residents deserve this in their representatives.
How has NHMA helped you to do your role?
NHMA has been an invaluable resource in navigating the complexities of serving as an elected official in a municipal entity. While I don’t need to memorize every state law, it’s crucial to understand that New Hampshire is a Home Rule state with certain limitations on local decision-making. NHMA provides the guidance and support needed to make informed decisions within those boundaries.
Give us an example of a problem you solved or a dilemma you faced and overcame in the line of duty?
One of the greatest challenges for an elected official is providing effective constituent support, especially during difficult times like the COVID-19 pandemic. I take pride in knowing my ward well, and this familiarity was strengthened years earlier when several community members completed Citizen Emergency Response Training (CERT) through the Concord Fire Department. During the pandemic, I maintained constant communication with my CERT leaders, which allowed me to stay connected with and assist the most vulnerable members of my ward. This collaboration was vital in ensuring our community remained informed and supported.
What is the public perception about your role and how does it differ from the reality of your position?
The public often perceives a City Councilor as someone with broad, unilateral decision-making authority. In reality, the role requires a collaborative approach, balancing diverse perspectives while working within the legal and financial constraints of municipal government. Much of my work involves consensus-building, policy making, and ensuring that the voices of my constituents are heard—far more complex than simply casting a vote at meetings.
Tell us a story about an unusual experience you have had while doing your role.
Until you’ve experienced a string of colorful Yankee swears ringing through your phone directly into your ear, you haven’t fully tasted the joys of public service. One memorable instance involved a gentleman furiously shouting, “The (expletive) Mayor hung up on me!” I calmly responded, “And so will I, sir, if you don’t stop swearing in my ear.” His concern was that over the Christmas break, the assessing department hadn’t yet posted his property tax payment, and he didn’t want his neighbors to think he was a deadbeat. After assuring him I would investigate, we confirmed his payment had been received, and it was promptly updated. All ended well, with a little extra holiday cheer.
Has your public position changed you personally?
Yes! I once viewed the world through a more self-centered lens, believing I knew best for our community. However, I’ve had the privilege of learning from some exceptional community leaders who broadened my perspective. Former Concord Mayor Bill Veroneau taught me to make decisions based on the information at hand, while former State Representative Jim Kinhan emphasized the value of listening and considering opposition. Former Mayor Jim Bouley encour-
Has your perception changed the way you look at the role of government?
Absolutely. Serving as a City Councilor has deepened my understanding of how government operates at the local level and the significant impact it has on people’s daily lives. I’ve come to appreciate that local government is where meaningful change truly begins—where policies and decisions directly influence the well-being of our communities. It has taught me that government is not some distant entity but rather a collaborative effort involving residents, elected officials, and dedicated city staff. It’s a balancing act between long-term vision and immediate needs, and I’ve grown to respect the intricate process of navigating those dynamics while always striving to serve the public interest.
What lessons about human nature have you learned in your municipal role?
I’ve learned that people care deeply about their community, but their perspectives are often shaped by personal experiences and emotions. It’s natural for individuals to view issues through the lens of how it directly affects them or their family. As a City Councilor, I’ve come to understand the importance of listening—not just to respond, but to truly hear concerns and find common ground. I’ve also discovered that kindness and patience go a long way in building trust, especially when addressing difficult or contentious matters. Ultimately, most people want to be heard and respected, even when they disagree.
What advice would you give someone who would like to follow in your footsteps into this role?
I took a winding path to get here but I would advise them to start by getting to know their community deeply—its values, its concerns, and its potential. Serving as a City Councilor isn’t just about making decisions; it’s about being a true representative of the people. Build relationships, listen actively,
promise while staying true to your values. Most importantly, remember that it’s about serving others, not yourself. Every challenge is an opportunity to learn and grow in ways you never anticipated.
Do you dislike any aspects of your job? Which ones? Why?
I dislike when people speak only to complain, especially when their criticism is laced with anger and offers no constructive solutions or alternative perspectives. As a City Councilor, my role is to collaborate, find solutions, and work toward the betterment of the community. When people focus only on the problem without contributing to the solution, it undermines the spirit of cooperation and progress that drives me in this work. Constructive dialogue and a willingness to engage in problem-solving are essential to making meaningful change.
Given the opportunity, what changes would you make to the position?
If I could make changes, I would encourage more empathy in the way we approach decisions and interactions. Too often, ego and personal opinions cloud the ability to see
beyond one’s own situation. As public servants, we need to remember that we are part of something larger, and the needs of the many often outweigh the voice of a single individual. I would foster an environment where listening goes both ways—where we can hear different perspectives, find common ground, and always keep the greater good at the forefront of our work.
Anything else you would like to discuss about your role?
I encourage others to run, serve, and volunteer within their communities. As Abraham Lincoln said in the Gettysburg Address, “Of the people, by the people, for the people,” and this starts at the local level. At the municipal board, we are the voice of the people who’ve guided us through their committee service and input at public hearings. There is no greater reward than knowing you can help shape your community for the better. It’s not all challenges—we live in New Hampshire, a place where we are here to thrive.
?
IRecycle Right North Country: An Education Model for New Hampshire with Economic and Environmental Benefits
By Andrea Folsom, Education & Grants Manager, Northeast Resource Recovery Association
t goes by many names – the “transfer station,” the “recycling center,” or even “the dump.” No matter what you call it, a town’s recycling and solid waste department is often the only municipal office bringing revenue into a town – not taxes, not fees, but revenue from the sale of recyclable materials. The amount of revenue a town can generate through recycling depends on several factors including the recycling market, the location of the town and processing facilities for the recyclables, and most importantly, the number of residents who participate in the program. The higher the recycling rate, the more recyclables collected, and fuller loads equate to higher prices when the recyclables are sold to market.
So how do towns get more people to recycle? In a word: education. Research from The Recycling Partnership has shown that incorporating consistent and ongoing educational outreach related to recycling is the best way to improve a municipal recycling program. Thanks to a highly competitive Recycling and Outreach Education grant through the US Environmental Protection Agency, the Northeast Resource Recovery Association (NRRA) is partnering with 30 North Country communities to increase recycling education this summer and fall through a Recycle
Right North Country campaign. By highlighting the beneficial economic and environmental impacts of recycling education on increasing recycling rates and tonnage, while decreasing the amount of trash being thrown in with recycling, NRRA will be able to apply lessons learned to all New Hampshire municipalities.
NRRA is the oldest and largest cooperative-model recycling non-profit in the country. Located in Epsom, NH, NRRA’s membership includes 90% of NH municipalities who can access the organization’s cooperative marketing, education, and technical assistance services.
The Recycle Right North Country campaign officially kicks off at NRRA’s annual Recycling Conference on May 19th and 20th in Concord, NH, with over 300 attendees, speakers, and exhibitors. This event is a unique opportunity for solid waste operators, volunteers, and residents to participate in workshops and meet experts in recycling, composting, hazardous waste, MSW (municipal solid waste), and more.
While NRRA has decades of experience providing recycling education and technical assistance, this campaign will be the first of its kind in NH to proactively measure
the impact of recycling education on recycling behavior. Data collection in April, before the start of the campaign, sets a baseline for recycling rate, participation, and contamination (items that end up in recycling that should go in the trash). The goal of the Recycle Right North Country campaign is to increase residential recycling rates and participation, and decrease recycling contamination rates in the North Country.
The campaign has four objectives: resident outreach, train the trainers, in-person education, and a final Recycle Right Summit. All aspects of the campaign are free of charge for North Country municipalities, operators, residents, and visitors, investing over $400,000 worth of technical assistance and education, including stipends, outreach materials, and more in New Hampshire’s North Country.
Let us now break down what each campaign objective brings! Resident Education consists of direct mailings, print articles, social media posts, and radio PSAs about recycling designed for both residents and visitors. NRRA will also be releasing three videos that follow a recyclable from the transfer station or curbside to its ultimate destination to be processed – this helps make the recycling process more transparent. Finally, NRRA will be working with North Country transfer stations to improve signage to increase consumer understanding of acceptable recyclable materials. Signs will be updated in part through the New Hampshire the Beautiful facility sign program, which offers any New Hampshire recycling facility new signs free of charge annually (for more information, visit nhthebeautiful.org).
Train the Trainers is a dynamic training program for solid waste operators. It kicks off with the Recycling Conference in May, which operators were able to attend for free with registration, travel, and hotel stipends. Throughout the campaign the program highlights education for operators through a series of Recycle Right Roundtables held in-person in the North Country. These roundtables will provide operators with continuing education hours required by the NH Department of Environmental Services. Operators will also attend two bus tours of recycling infrastructure in the area, held in June and September 2025. From a technical assistance standpoint, operators will have access to personalized Environmental Impact Reports and townspecific Full Cost Accounting models to better show both local decisionmakers and residents the positive economic and environmental impacts of recycling.
In-Person Education brings recycling education right to the residents through door-to-door education – many will also receive small recycling totes to make recycling in an apartment easier. For the first time ever, NRRA will also be offering in-person Recycling 101 presentations to any group of 15 people or more in the North Country – be it at the library, a select board meeting, or just a group of private citizens interested in learning more. NRRA will even be popping up at select recycling centers to offer Recycle Right Rewards to residents and visitors caught recycling!
The Recycle Right Summit will be the culminating event of the campaign. Held in the North Country, this oneday event is designed to bring together residents and solid waste operators for a mini–Recycling Conference. Attendees will be able to browse Recycle Right North Country campaign materials, watch community-specific videos on
recycling, and attend workshops including a Recycling 101 presentation, Ask Me Anything (AMA) About Recycling, How Full Cost Accounting Can Help Your Town to Recycle Right, and a Solid Waste Operator Roundtable.
Once the campaign is complete, a second round of data will be collected, and a final report will be submitted to all participating towns and publicly released with highlights, challenges, and next steps. By showing the positive impact of recycling education on recycling rates, participation, and decreased contamination, NRRA will be better able to serve all NH members.
If you are a resident, visitor, or municipal employee in the North Country and would like to learn more about the Recycle Right North Country campaign or any of the materials and opportunities described above, please contact Andrea Folsom, Education & Grants Manager for NRRA at: afolsom@nrrarecycles.org.
Paid Family and Medical Leave is here
In today’s job market, workplace flexibility is more important than ever. NH Paid Family and Medical Leave is a benefit opportunity that helps employers stay competitive by boosting worker recruitment and retention. It gives workers paid leave to care for a newborn, themselves or a loved one.
NH Paid Family and Medical Leave is available to all private and public NH employers.
Enroll your workers now! Go to paidleave.nh.gov
Considering Grant Funding? NHBEA provides free technical assistance and coaching
By Charlene Lovett, Arnett Development Group Coach
When I served on the City Council, I quickly learned that each budgetary season is challenging. Funding municipal operations while investing in community development projects can seem impossible without raising property taxes, and no one wants higher taxes. So, grant funding is often an attractive alternative, but is it feasible? For communities like Claremont with a larger staff experienced in grant writing, it is. But what about the smaller communities with limited staff and little experience in grant writing? To improve accessibility to grants, like those offered by Northern Border Regional Commission (NBRC), the NH Business and Economic Affairs (BEA) contracted with a private vendor, Arnett Development Group (ADG), to offer free technical assistance and coaching.
Since its inception in 2022, the technical assistance program has proven to be effective. Over the last three years, 80% of the applicants who were awarded NBRC funding utilized this free service. More importantly, the program has leveled the playing field by providing inexperienced applicants with
the assistance needed to submit a competitive application. Data from the last three years shows that 68% of coached applicants were unfamiliar with the NBRC application process.
Such was the case when a group of individuals in Cornish decided to pursue NBRC funding on behalf of the Cornish Community Initiative (CCI). A nonprofit, CCI was formed to raise funds to transform the vacant general store into a library and community resource hub, connecting residents to after-school, Makerspace and Work Ready NH programming. The group applying on behalf of the nonprofit had never written an NBRC grant application and opted to participate in the technical assistance program
As a result, they had access to technical assistance and coaching that enabled them to submit a competitive application. In January, NBRC announced that CCI was awarded a grant of $727,456. These funds coupled with CCI’s fundraising efforts will allow Cornish, a small town of less than 2000, to move forward with the biggest economic investment made in years.
Overall, how would you rate the impact of the entire technical assistance process on your pre or final application?
Essential, we likely would not have submitted an application without technical assistance
Helpful, it improved our application
Neutral, it did not have much impact on our application
N/A
Each year, since 2022, fewer municipalities have applied for NBRC funding. Given the transformative power of strategic economic investment, this is a missed opportunity for many communities. By sharing the availability and success of this free program, I hope more municipalities will participate.
Feedback about the technical assistance program has been overwhelmingly positive. Given the high percentage of applicants who were unfamiliar with the NBRC application process, it is easy to understand why so many participants described the program as essential.
If you believe that you could benefit from NBRC funding, it is not too early to start making inquiries. The next funding round is later this summer, with a pre-application deadline of Aug 29. If you have a project in mind, you can access the free technical assistance program by following the steps below:
1. Go to https://nbrc-nh.com or contact Ian Carmichael, State Program Manager, at 603-419-9709 or by e-mail at Ian.M.Carmichael@livefree.nh.gov
2. Once at the website, fill out the questionnaire and schedule an intake session.
3. During the intake session, the technical assistance team will help you determine if NBRC funding is appropriate and if you are ready to apply for funding.
4. Should you decide to move forward with an application, the technical assistance team will assign you a coach who will advise you during the pre-application phase.
5. Should NBRC invite you to apply, your coach will continue to assist you during the application phase.
Beyond coaching, the technical assistance team can also help with market research and connect you to various resources that will strengthen your application. It is also possible that, by following the process above, you may discover that waiting to submit your application may be the better choice. Whatever path you choose, accessing this free program will save you time, build capacity and increase your success rate. To learn more about NBRC funding opportunities, please go to New Hampshire | Northern Border Regional Commission.
Charlene Lovett is the former Mayor of Claremont, a former State Representative, a coach with Arnett Development Group, and serves on numerous boards and committees at the local and state level. She can be reached via email at charlenelovett2022@gmail.com
Community Centers: Shaping Stronger, More Connected Communities
By Jenna Finnerty, UNH MPH Candidate
Community centers are essential, inclusive spaces that play a pivotal role in fostering a culture of health and well-being for New Hampshire residents. These centers provide a variety of services that allow for social connections, offer vital resources, and engage individuals in civic activities that strengthen local communities.
The Community Development Finance Authority (CDFA) is dedicated to maximizing the impact of community development throughout New Hampshire. As a part of this effort, CDFA stood up the Community Center Investment Program (CCIP), aimed at supporting infrastructure improvements for community-based projects across the state. This investment of approximately $20 million in one-time federal American Rescue Plan Act (ARPA) State Fiscal Recovery Funds (SFRF), administered in coordination with the Governor’s Office for Emergency Relief & Recovery (GOFERR), is deploying significant resources into our communities.
By directing ARPA funds into New Hampshire’s community centers, CDFA has enabled municipalities and nonprofit organizations to enhance the services they provide, expand their reach, and address civic inequities and barriers. The first round of funding, awarded in May 2023, supported 16 projects, and an additional round, awarded in winter 2024, supported 11 more projects.
In partnership with the University of New Hampshire Sustainability Institute, CDFA also developed a statewide community center inventory and Geographic Information System (GIS) map of existing facilities. This inventory allows CDFA to identify areas that are underserved by community facilities, known as “community center deserts.” By analyzing infrastructure in each municipality, CDFA is better equipped to identify where investments are needed most.
The community center inventory was built by analyzing municipal and nonprofit infrastructure across New Hampshire. Each potential facility was evaluated to determine whether
it met CDFA’s definition of a community center: an open and accessible space that offers multiple services, including community engagement, civic participation, recreation, social services, and workforce development. Over 7,500 potential sites were reviewed, and an Excel database was created to categorize each location. This database not only identifies the number of qualifying community centers in each municipality but also explains why certain locations did or did not meet the established criteria. Additionally, it provides an activity number that includes the total number of locations screened, including those that ultimately did not qualify.
After thorough analysis of each organization’s programs and services, only 100 entities across the 238 municipalities qualified as community centers. These centers serve as hubs for services and community activities, but there is a clear need for further investment. In particular, New Hampshire’s northern and western regions, known for being more rural, have significant gaps in community center availability. These areas, identified as “community center deserts,” require targeted attention to reduce civic inequities and improve community connections. If your community is interested in an opportunity to explore how community facilities can be leveraged to support local needs, consider a planning grant.
The identified 100 community centers in New Hampshire offer a wide variety of services, with many centers providing multiple types of services. These include:
• 87 community centers offer community engagement activities;
• 55 offer social services;
• 55 offer recreation;
• 24 offer workforce development;
• 7 offer civic engagement.
It is important to note that these categories overlap, as each community center, per the established definition, was required to offer more than one type of service to qualify. The
variety of these services provided illustrates the community center’s central role in supporting diverse needs across the state.
This research highlights the ongoing need for investment in New Hampshire’s community centers, particularly in northern and western regions, where gaps in these centers are the most significant. By strengthening community centers, we can create stronger, more resilient communities that connect all residents, regardless of geography. CDFA’s work continues to show the importance of investing in infrastructure that brings people together and enhances community well-being.
CDFA is creating case studies which highlight key outcomes of the 27 funded Community Center Investment Program projects, showcasing their local impact and the ongoing work to improve community infrastructure statewide. Additionally, CDFA and New Hampshire Humanities are launching a series of Community Conversations across six New Hampshire locations aimed at exploring the changing nature of communities and the role of community centers in strengthening our state’s towns and cities. All are welcome to attend. To learn more and register, visit: nhcdfa.org/CommunityConversations. CDFA is excited to share these learnings here in Town & City and more broadly in the coming months.
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Manchester, NH 03104
Phone: (603) 622-7070
Fax: (603) 622-1452
C ERTIFIED PUBLIC A CCOUNTANTS
“Experience Counts”
We want to be more than just your auditors! We know New Hampshire governments Your needs come rst at Vachon Clukay & Company PC, so we’ve structured ourselves to fulfill all of your service needs. We provide the following services:
Auditing • Government Auditing Standards (GAS) Compliance
Single Audits (Federal Compliance Audits) • ACFR Reporting MS-535 Reporting • Agreed-upon Procedures
Taxes • Reviews and Compilations
We want to be part of your team. Contact: Jarad J. Vartanian, CPA
100 Years of Service: Clerks' Corner
By Sherry Farrell, Londonderry Town Clerk, Executive Board Member
• Your NHCTCA has been very busy this winter reviewing and speaking on bills and legislation which will affect our towns and cities throughout the state we love. On February 13th, we sponsored a Legislative Meet and Greet Dessert and Coffee event at our State Capitol. Each year we invite all legislatures, our State Representatives and State Senators, to stop by and meet their Town and City Clerks. Each year this event keeps getting larger and it is an opportunity for the sharing of ideas and concerns. Special Thanks to Virginia Drew for an informative tour of our New Hampshire State House, which was enjoyed by all that attended.
• Town Clerks need your help to encourage all Voters to not only come out to VOTE in our Presidential Elections but also in our Town and City Elections too. On average only about 20 percent of voters vote in their town elections, 50 percent vote in our state elections yet over 80 percent come out to vote in our Federal elections. Town and City elections affect our daily lives and those of our families and friends. Every VOTE is so important!
• Dog Registration Month is April, but our state offers all dog owners the month of May as a grace month. This
means that owners can still register their dog with their town or city without fines and penalties by May 31st. Dog Registrations are required by law in New Hampshire. RSA 466:1 states that all dogs over 4 months of age must be registered, and a valid rabies certificate is required. This is for everyone’s protection. Also, if a dog is lost your Clerk’s office may be able to help locate your dog. As of June 1st, of each year, RS 466:13 requires that all owners of unregistered dogs must be issued a Civil Forgeiture fine of $25 and an additional $1 charge for each month they are late in registering their dog.
May 4th – May 10th is the 56th Annual Municipal Clerks Week Please recognize the vital role that is filled by each and every Town and City Clerk throughout our Great State. “This annual observance offers a special opportunity to recognize and honor the critical role municipal clerks play in our communities. They are essential in ensuring transparency, efficiency, and the smooth operation of local government.” Elections, Car Registrations, Vital Records, Record Keeping, Dog Registrations, taxes, fees, and other revenue collection is processed through their office. It’s a huge responsibility and they are honored to serve. Your Town and City Clerks are often known as the heart of their communities.
An Invitati on to Ce lebrate Professional Munici pal Cl erk ’ s Week
On behalf of the New Hampshire City and Town Clerk ’s Association, we would like to extend an invitation to local government leaders and residents to join us in celebrating the 56th Annual Professional Municipal Clerk ’s Week from May 4 to May 10, 2025.
The office of the Municip al Clerk is a t ime honored and vital part of local government that exists throughout the world, and the Office of the Muni cipal Clerk is the oldest among publi c servants. Municipal Clerks are the backbone of local government operations and are dedicated to the effective functioning of our municipalities.
We sincerely hope you can take part in this week o f celebration. For additional information, please contact president@nhctca.com
Supreme Court Upholds ATF’s Ghost Gun Regulation in Win for Local Governments and Public Safety*
OBy Amanda Karras, Executive Director/General Counsel Internal Municipal Lawyers Association
n March 26, 2025, in a win for local governments in Bondi v. VanDerStok, the Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s regulation of so-called “ghost guns” did not violate the Administrative Procedure Act (APA) as the firearm part kits could be considered firearms under the statutory definitions of the GCA. This case has significant implications for public safety as before the ATF’s rule, local governments around the country had seen an exponential increase in untraceable ghost guns being used in the commission of crimes. Today’s victory means that the manufacturers of ghost guns must comply with the same requirements under the GCA to conduct background checks, keep records of sale, and serialize the firearms that other firearm manufacturers must comply with.
Facts
The GCA imposes licensing, background-check, recordkeeping, and serialization requirements on manufacturers and dealers of firearms. As relevant here, the GCA defines a “firearm” to include “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive,” as well as “(B) the frame or receiver of any such weapon.” 18 U.S.C. 921(a)(3). Congress delegated to the Attorney General the authority to promulgate “such rules and regulations as are necessary to carry out” the Act. 18 U.S.C. 926(a). The Attorney General has in turn delegated that authority to the ATF.
Technology like 3D printing and reinforced polymers has allowed companies to manufacture and sell firearm parts kits or ghost guns that allow anyone with access to the internet and basic tools found in most homes to assemble a functional firearm quickly and easily, often in under thirty minutes. Some manufacturers of ghost guns sold these kits without complying with the GCA’s requirements by claiming that they were not “firearms” regulated by the GCA. These kits are then sold without the required background checks, records of sale, or serial numbers.
Without these safeguards in place, the proliferation of ghost
guns in the commission of crimes exploded. According to the federal government, “[i]n 2017, law-enforcement agencies submitted about 1,600 ghost guns to the federal government for tracing. By 2021, that number jumped to more than 19,000.” The federal government explained that “efforts to trace the ownership of these weapons …ha[s] proven almost entirely futile.”
In 2022, the ATF issued a regulation to clarify that the definition of firearm under the GCA includes products and kits that can “readily be converted” into an operational firearm or a functional frame or receiver. The regulation also explained that the statutory term “frame or receiver” under the definition of firearm includes “a partially complete, disassembled, or nonfunctional frame or receiver, including a frame or receiver parts kit, that is designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver.” The upshot of the regulation is that manufacturers of firearm parts kits must comply with the requirements of the GCA.
The manufacturers of ghost guns filed a pre-enforcement facial challenge under the APA, arguing that in issuing the regulation, the ATF exceeded its statutory authority as the GCA could not be read to extend to weapons parts kits or unfinished frames or receivers. The Fifth Circuit agreed with the manufacturers and held the ATF’s regulation was inconsistent with the statutory text and exceeded the agency’s authority and therefore violated the APA.
In a 7-2 opinion authored by Justice Gorsuch, the Supreme Court reversed, concluding that gun part kits fall within the statutory definition of a firearm under the GCA and could therefore be regulated. The Court used one of the most common ghost-gun kits as an example to illustrate its reasoning: Polymer’s “Buy Build Shoot” kit. According to the record, the kit can be assembled in approximately 20 minutes by someone with common tools and no previous knowledge of the assembly requirements. The first question is whether under subsection A of the GCA, the kit was a “weapon,” meaning, according to the Court, “an instrument
of combat.” And here, the Court concluded that the semiautomatic pistol plainly fell into that category, even though assembly is required. As the Court noted, “[r]eally, the kit’s name says it all: ‘Buy Build Shoot.’”
The Court likened the ghost gun kit to an author who asks you to read her latest novel, even though it is an unfinished manuscript. Or, the Court noted, one might refer to the kits as a “weapon” in the same way someone who just bought a table from IKEA would call it a table, even if it takes hours of assembly. The Court explained that in both examples, like the weapons at issue here, “the artifact noun fits because the intended function of the unfinished object is obvious to speaker and listener alike.”
The Court further explained that the statute itself contains additional support that the firearm part kits are weapons under the GCA. Subsection (A) of the GCA lists a “starter gun” as a weapon. And a starter gun needs work to be converted to a live firing unit, which somebody can do with no specialized knowledge. The Court reasoned that the inclusion of a starter gun in the statute indicated that “Congress used that term as an ordinary speaker might, to embrace some unfinished instruments of combat like Polymer80’s product.”
After explaining that the Polymer Buy Build Shoot kit met the definition of a weapon, the Court also found that it was also “capable of being ‘readily …converted to expel a projectile by the action of an explosive’” under the statute. Here again, the Court likened the ghost gun part kits to the starter guns listed in the statute. Both can be converted into a working firearm by a person without specialized knowledge, using everyday tools, in under an hour.
The last question was whether the ATF’s regulation addressing unfinished frames and receivers was inconsistent with the GCA under subsection (B) of the Act. The Court rejected the Fifth Circuit’s view that the Act only allows for the regulation of fully finished frames or receivers. The Court held that the ATF may regulate “at least some ‘partially complete’ frames or receivers.” Here, the Court pointed to, with the help of pictures, the difference between the Polymer80 product and a fully complete frame or receiver. The Court explained, and the pictures underscored, that the only difference was a couple of small plastic tabs on the Polymer product that are “easily removable by a person with novice skill, using common tools … within minutes.” The Court again pointed to the novel / manuscript
and IKEA table analogies to support its conclusion that an object that is not yet complete could be considered a frame or receiver.
In upholding the regulation, the Court emphasized that the manufacturers brought a pre-enforcement challenge, which places a heavy burden on the manufacturers to show that the rule is “inconsistent with the statute on its face”, even if there may be possible applications of the rule which would be invalid. The Court noted there may be limits to the ATF’s regulatory authority of firearm part kits. Sticking with the author analogy, the Court noted it would be “extravagant to speak of a novel when the author has dashed off only a few lines.” The Court noted that weapons part kits vary widely, and some may require significant time and expertise. But the Court was grappling with a facial challenge and did not have those issues before it.
This case represents a significant public safety win for local governments. The Local Government Legal Center (NLC, NACo, & IMLA) filed an amicus brief in support of the regulation. The brief underscored how the GCA’s requirements protect the public through background checks, record keeping requirements, and serial numbers and that the ATF’s regulation closes a loophole that was undermining public safety in local communities.
To read the decision, click here: https://www.supremecourt.gov/opinions/ 24pdf/23-852_c07d.pdf
To read the LGLC amicus brief, click here: https://www.supremecourt.gov/DocketPDF/ 23/23-852/316175/20240702104637030_ 3-852%20FINAL%20Ami%20Brief%20as%20 filed%20PDFA.pdf
*Reprinted with permission from the International Municipal Lawyers Association.
NLC Leadership Addresses Key Challenges Facing Local Governments at Congressional City Conference
WASHINGTON, D.C. – At a press conference held during the National League of Cities’ (NLC) Congressional City Conference, NLC officers, alongside other local leaders, addressed critical issues impacting local governments. In a call for strong local-federal partnership, Congressional City Conference (CCC) brought together more than 3,000 elected and appointed city leaders to focus on the federal policy issues that matter most to local governments. Among the issues discussed at the press conference were the impact of a disruption in federal funding on local governments, disaster relief and FEMA policies, public safety, and the appropriations bill.
“Local governments want to have a reliable partnership with the federal government so we can know when we can stretch our investments to meet pressing needs – like the housing supply crisis. Across the country, local leaders are working diligently and consistently to address the housing crisis in communities – large and small.” – Steve Patterson, NLC President; Mayor, Athens, OH
“Local leaders are proactive in declaring local emergencies, communicating with our residents and navigating the chaos that undoubtedly arises with a disaster and rebuilding our communities afterwards. But we are also thinking about how
we prepare better and work with our federal and state partners on pre-disaster mitigation. We are focused on building our community’s resilience. Because in the long run, this is how we save taxpayer dollars while saving lives and ensuring the public’s safety.” – Kevin Kramer, NLC First Vice President; Councilmember, Louisville, KY
“NLC wants to be clear: Investments in cities, towns and villages are investments in the future of this nation. Every federal dollar directed locally is a multiplier for our states and the country. That’s why we are also asking Congress not to touch tax exemptions on municipal bonds. These bonds fund critical services like fire stations, roads and sidewalks, water utilities and so much more.” – Van R. Johnson II, Second Vice President; Mayor, Savannah, GA
“From housing to public safety and infrastructure, local governments are already leading the way, innovating and adopting strategies that maximize their limited resources for their residents. That’s why on Wednesday, more than 1,000 local leaders will head to Capitol Hill to meet with their Members of Congress and tout the great work that is happening in cities, towns and villages across the country because of partnership with federal leaders.” – David Sander, Immediate Past President; Councilmember, Rancho Cordova, CA
Representing towns and cities
Cordell A. Johnston Attorney at Law
P.O. Box 252
Henniker, NH 03242
603-748-4019
cordell@cajohnston.com
Legislative Update: Legislature Heading Toward the Finish Line
By Marty Karlon, Policy & Research Analyst
The 2025 legislative session is nearing the home stretch and all eyes remain on the state budget, which the House handed off to the Senate on April 10.
The drop-dead date for the Senate to pass a budget is June 5, after which—if history is any guide—the House and Senate will form a committee of conference to hash out the differences in the spending packages passed by each chamber. The deadline for the House and Senate to vote on a mutually agreed upon budget to send to the governor is June 26.
The budget has already undergone dozens of changes since the governor introduced her plan back in February. It’s no secret that the state’s revenue picture is not a rosy as the past few budget cycles when federal COVID spending and soaring business tax revenues allowed for numerous, one-time appropriations.
While there’s no crystal ball powerful enough to see what the final state budget will look like, the revenue squeeze is likely to have an impact on state aid to municipalities, as well as to state programs that municipalities rely upon. NHMA is monitoring these key sections of the budget impacting our members:
Meals and rooms tax: As you know, municipalities have faced a long history of receiving less than the statutory 40% share of the meals and rooms tax. It was only in 2021 that local governments began receiving 30%, following more than a decade of reduced funding. In a tight budget year, this revenue source can be enticing to legislators looking to fill other holes. NHMA continues to push the message that this state aid is a crucial resource for all of our 234 members, supporting essential services and infrastructure.
Program funding: Although housing availability is the number one issue, it remains unclear whether there will be any additional funding for the Housing Champions and InvestNH housing programs, as well as for the state share of wastewater projects under the State Aid Grant (SAG) program.
Retirement: Lawmakers are moving forward with a plan to legalize video slot machines, and the governor has stated that
part of the anticipated new revenue will be used to pay for costly changes to NH Retirement System (NHRS) benefits for about 1,500 “Group II” police and fire personnel hired before July 1, 2011. These changes will cost in excess of $200 million over a period of years, and we are watching to see if the legislature keeps the commitment made by the governor to fund the full cost of these changes and not pass them down to cities and towns.
Other: We are following proposals in the budget to eliminate the Housing Advisory Board (HAB) and the Board of Tax and Land Appeals (BTLA) and modify the operations of the Right-to-Know Ombudsman. (Note that the House removed the repeal of the BTLA on the floor on April 10.)
The other dominant issue this year has been statewide zoning mandates, which have been the subject of dozens of separate bills. These proposals, broadly framed as a response to the state’s housing shortage, would take away local control, increase administrative burdens and further strain infrastructure and parking. What ultimately makes it to the Governor’s desk remains unclear as of this writing.
In addition to the budget and zoning mandates, there are multiple proposals impacting municipal legislative bodies (warrant articles, default budgets, tax caps, etc.) and attempts to eliminate balance billing for ground ambulance services without putting the cost of uncompensated transportation by municipal ambulance service solely on property taxpayers.
While it can be said for any legislative session that the decisions made will have a long-term impact the state, 2025 is shaping up as one of those rare sessions where those impacts will be talked about for years to come.
Follow Bills That Matter to You Online
NHMA provides members access to FastDemocracy, an online bill tracking platform, for efficient, real-time updates to legislative activity of interest to members. This tool can help ensure that you know when the bills that you care about most are scheduled for public hearing or votes.
Visit our online Bill Tracker page to learn more and feel free to subscribe to weekly or daily updates on subjects and bills of interest.
Experienced Lawyers for Your Community
Drummond Woodsum’s attorneys are experienced at guiding towns, cities, counties and local governments through a variety of issues, including:
• Municipal bonds and public finance
• Land use planning, zoning and enforcement
• Ordinance drafting
• Tax abatement
• General municipal matters
• Employment law and collective bargaining
• Litigation and appeals
We work hard to offer our clients the counsel and support they need, precisely when they need it.
The HR REPORT
Background Checks Are Not “One Size Fits All”
By Sarah Freeman. Esq.
Conducting background checks of prospective employees and volunteers can be vital to maintaining public safety and identifying potential risks. Even in situations where a municipality is not legally obligated to conduct such checks, it may determine that it is prudent to do so. In making such a determination, it is important to understand that not all background checks are equal.
Municipalities may opt to use a private third-party service to conduct employment background checks. These checks can include information concerning criminal convictions, credit history, civil court records, and more. However, when choosing to work with a third-party vendor, municipalities must ensure that its process and the background check itself complies with the requirements of the federal Fair Credit
Reporting Act, 15 U.S.C. § 1681, et seq., which imposes specific notice and authorization obligations.
Municipalities can also choose to conduct their own background checks. This often involves speaking with references and reviewing criminal conviction information. RSA 106-B:14 I(c)(1) allows any person to obtain the New Hampshire public criminal history record information of another person. This type of search only produces conviction information for state-level offenses in New Hampshire.
Municipalities have the additional option, pursuant to RSA 41:9-b and RSA 28:10-c (for towns/cities and counties, respectively), to conduct not only the state records check, but also a fingerprint-based, federal criminal records check for any prospective employee or volunteer who will “work with or around children or elderly persons, enter the homes of citizens, or collect or manage money.” A federal criminal records check will provide some conviction information from jurisdictions across the country. However, it is important to note that the federal records search is not comprehensive and does not capture all convictions information. For instance, conviction information not associated with a fingerprint record is ineligible for inclusion in the federal Interstate Identification Index (III). Therefore, a federal record check may not include all NH state-level conviction information. Therefore, municipalities may choose to have both checks run simultaneously to avoid gaps in information.
Likewise, proof that an individual has successfully purchased a firearm from a federally licensed firearms dealer (FFL), obtained a state of New Hampshire pistol permit, or passed a National Instant Criminal Background Check System (NICS) check may not provide sufficient information for an employer to assess the suitability of a candidate. For instance, an individual convicted of misdemeanor sexual assault is permitted to possess a firearm under federal law and could successfully pass a NICS check. However, that same individual, because of that conviction, would be prohibited by RSA 632-A:10 from directly supervising minors or from working one-on-one with minors. Therefore, relying on a NICS check would not provide a municipality with sufficient
information to assess whether a candidate is suitable for a role supervising teenage volunteers, as just one example.
Municipalities are required by law to conduct specific types of background checks for certain prospective employees or volunteers.
Examples of Mandatory Background Checks
1. Recreation Camp or Youth Skill Camps
RSA 170-E:56 requires any municipality operating a covered recreation center/camp or youth skills program to develop a background check policy that applies to any owner, employee, or volunteer who may be left alone with a child or children. At a minimum, the policy must ensure that no covered individual has a criminal conviction for an offense that involves “causing or threatening direct physical injury to any individual or; causing or threatening harm of any nature to any child or children.”
2. Law Enforcement Related Positions
By administrative rule, the NH Police Standards and Training Council requires municipalities to conduct comprehensive pre-employment background investigations before hiring a candidate into a police officer position. RSA 41:9-c requires employers to disclose employment information, upon written request endorsed by their current or former employees, to law enforcement agencies requesting employment information for candidates applying to become law enforcement officers. The responding agency is released from civil liability for releasing the information and may face civil penalties if it refuses to disclose requested information to the requesting law enforcement agency.
In addition, any employee, whether civilian or sworn law enforcement officer, with access to the State Police Online Telecommunication System (SPOTS) and the National Crime Information Center (NCIC) is required to pass a fingerprint-based, criminal history background check before access to SPOTS/NCIC is authorized by the New Hampshire State Police. Thereafter, further fingerprint-based criminal history background checks are required on a periodic basis to maintain ongoing SPOTS/NCIC access.
3. CDL-Required Positions
Municipalities generally have limited authority to conduct pre-employment drug and/or alcohol testing of candidates for employment. Drug and alcohol testing has been found by the U.S. Supreme Court to be a form of “search and seizure,” which is only permitted in a manner that is not “unreasonable” under the Fourth Amendment. However, municipalities that
require certain employees to hold a commercial driver’s license (“CDL”) must require applicants for, and employees in, those positions to submit to required drug and alcohol testing, including pre-employment drug testing, in accordance with the federal regulations. Additionally, municipalities are required to query the DOT’s CDL Drug and Alcohol Clearinghouse (“Clearinghouse”) before an employee/applicant engages in any safety sensitive function. The Clearinghouse is a database containing information relating to violations of the DOT’s drug and alcohol program for CDL holders. Municipalities are also required to query the Clearinghouse on an annual basis to ensure that current employees in CDL-required have not been reported for any drug or alcohol violations.
4. Individuals Involved in Provision of Medicare/ Medicaid-Funded Services
Municipalities receiving payments from federally funded healthcare programs for the delivery of healthcare services, such as EMS, ambulance, or public health nursing, are prohibited from employing, or entering into contracts with, individuals or entities on the List of Excluded Individuals/ Entities (LEIE) maintained by the U.S Department of Health and Human Services Office of Inspector General (OIG). For more information concerning the obligation to conduct LEIE checks on prospective and current employees, see “HR REPORT: What Municipal HR Professionals Need to Know About the U.S. Department of Health and Human Services Office of the Inspector General” available at: https://www.nhmunicipal.org/town-city-magazine/hrreport-what-municipal-hr-professionals-need-know-aboutus-department-health.
Municipalities are encouraged to reach out to counsel to develop and assess background check policies and practices for legal compliance.
Drummond Woodsum’s attorneys are experienced at guiding towns, cities, counties and local governments through a variety of issues including:
• Municipal bonds and public finance
• Land use planning, zoning and enforcement
• Ordinance drafting
• Tax abatement
• General municipal matters
• Municipal employment and labor matters
• Litigation and appeals We
Sarah Freeman is a member of Drummond Woodsum’s Labor and Employment Group. Her practice focuses on the representation of private and public employers in all aspects of the employer-employee relationship. This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. “Copyright 2025 Drummond Woodsum. These materials may not be reproduced without prior written permission.”
This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Drummond Woodsum & MacMahon, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such.
Addressing Local and Regional Transportation Needs via New Hampshire’s Ten Year Transportation Improvement Plan
NH Regional Planning Commissions
Municipalities have a wide variety of transportation needs. Some communities may be concerned about safety at an intersection with a history of severe crashes. Some may wish to address congestion along a vital commuter corridor. Other communities may be trying to figure out how to complete a local rail trail project or make improvements to their Main Street to better meet the present and future needs of the community. In New Hampshire, one of the primary ways to address local and regional transportation needs is for a municipality to propose a project for consideration in New Hampshire’s Ten-Year Transportation Improvement Plan (or “Ten-Year Plan” for short).
Under the provisions of RSA 228:99 and RSA 240, the development of the Ten-Year Plan occurs every two years and is a partnership between the New Hampshire Department of Transportation (NHDOT) and the state’s nine Regional Planning Commissions (RPCs). The NHDOT programs projects in the TenYear Plan for infrastructure of statewide significance (e.g. interstate projects, major bridge reconstructions, etc.) whereas the Regional Planning Commissions facilitate a “bottom-up” process to ensure that local and regional transportation priorities around the state are included in the Ten-Year Plan.
How much funding supports local and regional projects in the Ten-Year Plan?
Currently, approximately $60 million of federal transportation funding is allocated statewide every two years to support local and regional transportation projects prioritized by Regional Planning Commissions in the Ten-Year Plan. Out of this $60 million, each Regional Planning Commission is provided with a regional allocation based on their respective shares of population and roadway lane mileage. Most Regional Planning Commissions have an allocation
ranging from $5 million to $10 million for each TenYear Plan update cycle.
What is the schedule for the development of the Ten-Year Plan?
The Ten-Year Plan is updated on a two-year cycle, with work on the next plan beginning as soon as the last is signed into law. The process involves soliciting new projects, evaluating and ranking new projects, and identifying which new projects should be recommended for inclusion into the draft Ten-Year Plan. Once a draft Ten-Year Plan is produced, additional review and comment takes place. While dates may vary, the general schedule for the Ten-Year Plan process is detailed in the table on page 35.
How does a Regional Planning Commission evaluate and prioritize projects for the TenYear Plan?
Each of the nine Regional Planning Commissions has a Technical Advisory Committee (TAC) and a full Commission comprised of municipal representatives. The TAC and Commission evaluates and prioritizes Ten-Year Plan candidate projects. Through this process, the municipalities of each region effectively determine what the region’s project priorities are for the Ten-Year Plan.
All Regional Planning Commissions use the same set of statewide project prioritization criteria, which are reviewed and updated as needed before each Ten-Year Plan Cycle. However, each RPC assigns its own weighting to the criteria to account for unique regional needs. The categories include Economic Development; Equity, Environmental Justice and Accessibility; Mobility; Natural Hazard Resiliency; Network Significance; Safety; State of Repair; and Support.
Date/Time
Year Activity
Spring Even Year
RPCs send Ten-Year Plan project solicitation correspondence to municipalities and regional stakeholders.
Summer Even Year Project submissions are due to RPCs.
Summer-Fall Even Year
Fall Even Year
Fall-Winter Even YearOdd Year
March Odd Year
RPCs facilitate engineering review for scoping, feasibility determination, and cost estimate.
RPCs evaluate and rank projects, adopt initial project priorities, and submit them to NHDOT for review.
NHDOT evaluates the RPCs’ consulting engineer’s scoping, feasibility determination, and cost estimate. The NHDOT may concur or offer an alternative cost estimate.
RPCs adopt and submit final project priorities for the Ten-Year Plan to NHDOT.
Summer Odd Year NHDOT releases the Draft Ten-Year Plan.
Fall Odd Year
Public hearings to review the Draft Ten-Year Plan are held around the state, hosted by the Governor’s Advisory Commission on Intermodal Transportation.
Fall-Winter Odd YearEven Year Governor reviews the Draft Ten-Year Plan and may or may not make changes.
WinterSpring Even Year
State Legislature reviews the Draft Ten-Year Plan, holds additional public hearings, and may or may not make changes.
Spring Even Year Governor signs the Ten-Year Plan into law and the cycle starts anew.
How does the public inform the development of the Ten-Year Plan?
The public plays an essential role in the development of the Ten-Year Plan. The projects submitted by municipalities for Ten-Year Plan consideration often address longstanding local concerns brought forward by the public. Frequently these projects arise from municipal master plans, road safety audits, corridor studies, and other planning processes that include a public engagement component. Once a project has been proposed for inclusion in the TenYear Plan, one of the project evaluation criteria used to evaluate Ten-Year Plan projects is “Support” which is based on documentation (e.g. letters of support, inclusion in approved plans, etc.) about how the project is supported by municipal officials, local stakeholders, and the general public. A project that does not have demonstrable public support is unlikely to advance in the Ten-Year Plan process.
The public is also welcome to attend and provide comments at any TAC or Regional Planning Commission meetings where the evaluation of Ten-Year
Plan candidate projects takes place. All Regional Planning Commission meetings and TAC meetings are open to the public under the provisions of RSA 91-A.
When the Draft Ten-Year Plan is released, the Governor’s Advisory Commission on Intermodal Transportation, or GACIT (which is essentially another name for the Executive Council), holds a series of public hearings. Typically, there are more than 20 public hearings held around the State to garner feedback on the projects included in the Draft Ten-Year Plan. At the conclusion of these public hearings, the GACIT takes stock of the public comments received and often makes revisions to the Draft Ten-Year Plan in response. There are also public hearings held during the legislative approval process, before the Ten-Year Plan is signed into law.
What are some notable recent examples of projects included in the Ten-Year Plan around the State?
Central NH Regional Planning Commission - Project 41578 in Boscawen - Multimodal and Safety Improvement
to King Street between High Street and US 3/4 Intersection
When the Town of Boscawen updated their Master Plan, there was a fair amount of discussion about King Street, which serves as the town’s main street. At the northern end, US Route 3/4 had an unusual configuration and a crash history. There were safety concerns with turning traffic at intersections and driveways. The Economic Development Committee noted opportunities along the corridor and tied potential transportation improvements to land use and zoning, envisioning new life in their town center. The vision included enhancements to the streetscape and capitalizing on a connection to the Northern Rail Trail.
The Central NH Regional Planning Commission initiated a corridor study which evaluated traffic data, included public meetings for input and visioning, and produced recommendations for the corridor. The study resulted in a Ten-Year Plan project proposal that was ultimately selected for inclusion in the Ten-Year Plan. Boscawen is now just a few years away from construc-
tion. The design phase underway now is fine tuning how improvements to the roadway can help meet a range of community needs, from safety, mobility, economic development, and quality of life.
Lakes Region Planning Commission
- Project 43352 in Belmont – NH Route 140 (Depot Street) and Main Street Intersection Improvements
NH Route 140 was originally constructed in 1987. A NHDOT study on NH Route 140 in 2000 resulted in a Ten-Year Plan project for improvements to the NH Route 140 and Main Street intersection. Unfortunately, funding challenges in the state resulted in the project being removed from the 2009-2018 Ten-Year Plan.
In 2010, the Town of Belmont held a Design Charrette to address the ongoing safety concerns with this intersection, and in 2013 the Lakes Region Planning Commission completed its own NH Route 140 corridor study. This work led to the project entering the 2017-2026 Ten-Year Plan with a project scope that included adding in a divided right-turn lane. In September 2024, there was a NHDOT Public Information meeting held to review the five preliminary design alternatives, while soliciting input from the public on the two alternatives that were selected to advance to final design. Those alternatives are to realign and reconstruct the intersection or convert the intersection into an all-way stop control. In 2025, the environmental review process will begin along with a right-of-way (ROW) Public Hearing, with final plans being completed in 2026, resulting in a 2027 construction date.
Nashua Regional Planning Commission
- Project 42593 in Amherst – Baboosic Greenway North Rail Trail Extension
The Baboosic Greenway North in the
town of Amherst will extend approximately 1.6 miles along the abandoned B&M Railroad right-of-way between Walnut Hill Road and Baboosic Lake Road. It will be 10 feet wide, with a proposed gravel/stone dust surface. This segment of the Baboosic Greenway is an integral part of a multi-phase project to provide enhanced multimodal mobility to all parts of the community.
The project is an outcome of a multiyear effort to establish a safe and convenient facility that provides connectivity between the historic center of the town (Amherst Village) with the important recreational amenities at Baboosic Lake and with Amherst Middle School and Souhegan Regional High School. This path will provide a safe and convenient alternative to riding or walking on busy roadways and will allow connections via bike and pedestrian facilities on very low traffic roads to most areas of the community. This project was introduced in the 2021-2030 NH Ten-year Plan and construction is scheduled for 2027.
North Country Council - Project 40640 in Colebrook – Main Street and Sidewalk Reconstruction
The Colebrook Project 40640, located along US Route 3/Main Street, is entering the construction phase. Initially submitted through the North Country Council TAC as a Ten-Year Plan project in 2015, this project will reconstruct approximately 2,700 feet of Main Street and include sidewalks. The project is designed to enhance mobility, improve safety for all users, and contribute to the vibrancy of downtown Colebrook.
Rockingham Planning Commission –Project 40797 in Hampton – Ocean Boulevard Reconstruction
The reconstruction of Ocean Boulevard (NH 1A) through Hampton Beach is wrapping up an extensive alternatives analysis and public engagement
process to address what is a complex set of problems in a bustling tourist destination. The project will address bicycle and pedestrian safety and capacity concerns, improve traffic flow, maintain beach parking, and mitigate the impacts of stormwater in an area prone to flooding. Construction is scheduled to commence in 2026 on the first of three phases of work and will rebuild Ocean Boulevard from Hampton Beach State Park north to Highland Avenue. This segment will feature broad sidewalks, improved crosswalks and other pedestrian safety measures, a dedicated bike lane, beach parking, and upgraded stormwater management.
Southern NH Planning CommissionProject 40665 in Windham – Intersection Improvements at NH Route 28/ Roulston Road
The intersection of NH Route 28/ Roulston Road in Windham has an extensive crash history due to a variety of factors, including the topography of the area and the current geometry of the intersection. The Southern NH Planning Commission worked with the Town of Windham to scope a project that would include widening shoulders on NH Route 28 at the intersection to reduce run-off-road and rear end collisions; changing the vertical alignment of NH Route 28 north of the intersection to improve sight distance; and making the skewed geometry of the intersection more perpendicular. The project is currently programmed for construction in FY 2027 at a total cost of $1.985 million.
Southwest Region Planning Commission - Project 41590 in Keene – Reconstruction of NH Route 101 from East of Optical Avenue to Branch Road
Common characteristics of Southwest Region Planning Commission’s (SWRPC) regional priority Ten Year Plan projects over the past decade have been projects that address old infrastructure that is in poor condition, safety concerns, or investments in pe-
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destrian and bicycling infrastructure where it has been lacking despite ongoing pedestrian and bicycle demand. One such project that addresses all three of these concerns is Keene Project #41590 on NH Route 101 scheduled for construction in 2027.
The project will address a perennial pavement deterioration issue by removing a concrete base installed over fifty years ago with a new road base better suited to NH’s freeze and thaw environment; replace a 1933 Red List bridge; improve poor sight distance at one of the region’s most dangerous crash locations by moving NH Route 101’s intersection with Swanzey Factory Road; and create five foot shoulders for pedestrians and bicyclist traffic where shoulder widths are currently 0-2 feet wide. The road currently serves a number of pedestrians and bicyclists including traffic from the Cheshire County Department of Corrections and affordable housing. The project is estimated to cost $17 million and required multiple cycles of funding allocations from SWRPC combined with NHDOT’s own program investments in its Red List bridge inventory.
Strafford Regional Planning Commission - Project 29604 Dover-SomersworthRochester - NH Route 108 Complete Streets Project
The stretch of NH Route 108 connecting Dover, Somersworth, and Rochester is a busy, five-mile-long corridor in a rapidly developing part of the state. Decades ago, this concept came out of an effort to improve access to the Spaulding Turnpike, then became its own standalone project. The three cities and a regional transit provider, the Cooperative Alliance for Seacoast Transportation (COAST) are the key stakeholders. SRPC has helped facilitate a regional planning process with NHDOT and the project consultant, advocate for design considerations, and collect additional data for the project. During the initial design phase, the project team toured the corridor to identify priority upgrades for bus stops and pedestrian crossings. As the project name implies, the goal is to upgrade the corridor to serve as wide a range of users as possible, improve their safety, and contribute to economic development. Conceptual plans have been reviewed by project stakeholders and the public, and the project is moving into preliminary engineering. The Strafford Regional Planning Commission is excited to continue developing this project that will transform the corridor. Additional details can be found on the project’s website: https:// www.108tricitycompletestreets.com/.
Upper Valley Lake Sunapee Regional Planning Commission - Project 29612 in Lebanon – I-89 Exit 18 and NH
Route 120 Capacity and Safety Improvements
Improving capacity and safety along NH Route 120 from I-89 Exit 18 to Etna Road has been a high priority for the region for decades. This project includes addressing the I-89 Exit 18 interchange with NH Route 120 as well as traffic flow and intersection improvements at Evans Drive, Heater Road, and Etna Road, and multimodal improvements along the NH Route 120 corridor. Many collaborative studies and data collection efforts between the City of Lebanon, UVLSRPC, NHDOT, and local businesses were completed, and an established local committee was formed years prior to the project entering the Ten-Year Plan.
This project is key to the safety of the region. In its existing condition, commuter traffic backs up daily onto I-89 leading to dangerous situations, travel delays, and driver behavior changes. On NH Route 120, vehicles are observed driving through red lights, speeding when possible, and making risky maneuvers. Interim improvements have been made to try to alleviate some of the traffic congestion by adding additional lanes on NH Route 120 and reevaluating traffic signal timing. While these additions have resulted in temporary improvements, the need for a larger improvement project remains clear. The project is currently slated for construction in 2026 and 2027.
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Legal Q and A Lot Line Adjustment Guidance
By Jonathan Cowal, NHMA Municipal Services Counsel
Planning boards are often asked, “do I need to submit a full subdivision application if all I am seeking is a lot line adjustment?” The answer to this question is dependent on the specific adjustment being sought, the parties involved, and the extent of the change being requested. Understanding when a hearing may be necessary versus when some simple paperwork may be able to accomplish the task can save a planning board time and resources. This article will provide some guidance on how to determine if something should be considered a minor lot line adjustment and what process needs to be followed to make the proposed changes.
Q. What is the definition of a “lot line adjustment”?
A. By definition, a lot line adjustment is just another way of referring to a subdivision of land. As provided in RSA 672:14, a subdivision “means the division of the lot, tract, or parcel of land into 2 or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or building development.” When adjacent landowners agree to divide portions of their respective parcels and transfer acreage between the two, that is a subdivision of land that is colloquially known as a lot line adjustment. The term lot line adjustment is generally used to mean a minor change in boundaries, and there is a common understanding that these adjustments will not require the same process or procedure as larger subdivisions. The scope of the process required to change a boundary line will depend entirely on the specifics of the proposal and as set forth in the subdivision regulations.
Q. How do I know what process is required for a proposed “lot line adjustment”?
A. The answer to this will come down to each municipality’s own subdivision regulations. The first question to answer is whether or not a public hearing is going to be required. RSA 676:4 permits a planning board to approve minor lot line adjustments without a public hearing. However, this is an optional provision, and the specifics can be tailored by the planning board in their subdivision regulations. Assuming that your subdivision regulations do allow for minor lot line adjustments without the need for a public hearing, the next question will be to determine what actually constitutes a minor lot line adjustment. Paragraph I(e) of RSA 676:4 states, in part:
“Public hearings shall not be required, unless specified by the subdivision regulations, when the board is considering or acting upon: (1) Minor lot line adjustments or boundary agreements which do not create buildable lots, except that notice to abutters and holders of conservation, preservation, or agricultural preservation restrictions shall be given prior to approval of the application in accordance with subparagraph (d) and any abutter or holder of conservation, preservation, or agricultural preservation restrictions may be heard on the application upon request . . .”
Therefore, the first consideration would be to determine if the proposal will create any new buildable lots.
Q. If no hearing is required by our subdivision regulations, what process must be followed?
A. Even if the plan does qualify as a minor lot line adjustment, and if the town’s regulations do not require a hearing, the statute still requires abutter notification before the board takes action on the application: “[N]otice to abutters and holders of conservation, preservation, or agricultural preservation restrictions shall be given prior to approval of the application in accordance with subparagraph (d) and any abutter or holder of conservation, preservation, or agricul-
tural preservation restrictions may be heard on the application upon request.”
At the very least, the board must notify abutters and easement holders in the same manner that it would for a regular subdivision application. If, after receiving notice, one or more of the abutters or easement holders asks to be heard on the application, the board must hold a public hearing on that application.
In addition, a lot line adjustment does require a plan to be recorded at the registry of deeds, least of all
to make sure the town’s tax map under RSA 31:95-a is accurate and up to date. RSA 478:1-a requires that all plans that depict a subdivision of land, including lot line adjustments, shall be prepared and certified by a licensed land surveyor. The planning board should also record a notice of decision with the register of deeds as well. Where a lot line plan adjusts the boundary of two lots owned by separate owners, it is imperative that along with the lot line adjustment plan, the owners also file conforming deeds to be recorded simultaneously. This will transfer title of the affected property from one property owner to the other.
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Tech Insights The
Importance of Cybersecurity in Water & Wastewater Environments
By Jon Lopez, Business Development Analyst at Sawdey Solutions Services
Why is cybersecurity important? Why does the Water Sector need cybersecurity? These are some of the questions that ponder the minds of operators, field technicians, local and small utility businesses, and U.S. citizens as agency leaders stress the importance of cybersecurity.
Cybersecurity is a fundamental practice in which IT professionals from all levels aim to secure and protect networks, devices, computer hardware, operating systems, information technology, and data from unauthorized access or criminal use and the practice of ensuring confidentiality, integrity, and availability of information (CISA, 2025).
Due to the ongoing attacks against the United States’ infrastructure from adversaries and criminal organizations, the Water Sector is facing yet another enormous challenge – Cybersecurity Breaches. The U.S. Government Accountability Office’s (GAO) critical infrastructure protection report on the water and wastewater systems within the United States has currently identified that there is a significant threat to the U.S. Water Infrastructure (U.S. GAO, 2024). There are numerous reasons that are contributing to the industry’s shortfall in cyber defense, ranging from lack of cybersecurity procedures and policies, vulnerable operating and information technology, unawareness to proper cyber hygiene, and resource constraints to name a few.
Operation Technology (OT) and Information Technology (IT) within the water and wastewater sector have been identified to be areas of vulnerability due to the rise in sophisticated attacks. Recent attacks have been successful as hackers target industrial control systems, pumps, Programmable Logic Controllers (PLCs), and computer systems. Many of these OT systems do not have modern security protections in place and are vulnerable to targeted attacks. Examples of these vulnerabilities are seen as OT systems have fallen victim to Iranian Government regime cyberattacks targeting Israeli-made PLCs and Human-Machine
Interfaces (HMIs). Many of these systems were publicly exposed (no firewall) with default credentials.
We understand there are challenges that are preventing the Water Sector from increasing their cybersecurity posture, such as funding constraints. The inability to invest in modern equipment has caused an issue of reliance on legacy equipment. Legacy equipment continues to be an active risk factor within the water and wastewater environment due to a lack of updates, known attack vectors, and limited resources (U.S. GAO, 2024). Updating technology allows for quicker updates and less down time, which contributes to a stronger system. There are risks associated with any decision and introducing OT and IT systems to internet connectivity, yet there are many benefits such as increased resilience, facility efficiency, up to date software, and optimized processes. However, incidents can happen to anyone thus organizations must have an incident response plan in place.
Image courtesy of Ivan Bandura, 31July 2018 (https://unsplash.com/ photos/top-view-of-concrete-structures-Ac97OqAWDvg)
The current reality of cyber vulnerabilities regarding water and wastewater systems is becoming increasingly noticeable across the nation as every level of local, state, or federal government systems are being attacked by adversaries domestically and globally. With the help of advanced technology, attacks are becoming more sophisticated and harder to detect. The following are the different threat types the U.S. infrastructure is facing today (U.S. GAO, 2024):
• State-Sponsored Groups:
- China
- Iran
- North Korea
- Russia
• Criminal Organizations
• Extremist Groups
• Insider Threats
• Black Hat Hackers
Malware, phishing, and ransomware top the list of common cyber threats, with nearly a quarter of respondents falling victim to ransomware attacks in the past year (McCann, 2024). One of the areas of concern with criminal activities is highlighted through the concerns of the public health and environmental impact regarding the various chemicals that are used to treat water plants. Additionally, the Department of Homeland Security (DHS) has highlighted their concerns of the possibility of an attacker’s objective could be to cause harm to the public by changing chemical mixtures within the water supply. Human error, exploitation of known vulnerabilities, and failure to implement multi-factor authentication are the leading causes of breaches (McCann, 2024).
However, there is a light at the end of the tunnel and that is the resilience of U.S. agencies, along with a diverse array of professional industry leaders dedicated to the cyber defense of water and wastewater systems. Agencies such as the Environmental
Protection Agency (EPA), Cybersecurity & Infrastructure Security Agency (CISA), U.S. GAO, and the Water Information Sharing and Analysis Center (Water ISAC) support water systems by offering various of cybersecurity services free of charge. These services range from gap analysis, risk assessment guides, incident response, checklists, and toolkits developed to assist leaders in taking the correct steps to develop internal cybersecurity procedures. The proactive approach to cybersecurity leads to a stronger organization and reduces risks associated with a reactive situation.
It is important to understand that cybersecurity implementation is just the beginning of the effort to strengthen the Water Sector in the U.S.
Cyber incident reporting is an important piece of the security of any organization. A cybersecurity incident response plan plays a vital role in reacting appropriately and professionally to cyber incidents. We understand that water and wastewater organizations do not have the funds for a full IT and Cybersecurity team, thus the utilization of resources is key. CISA has developed a basic guide that will assist the Water Sector in starting
the proactive approach of preparation before a cybersecurity incident (CISA, 2025). One of the most important aspects of incident response is training. It is also important to allow staff to be more cautious and report any issues freely. Additionally, other important aspects of your incident response are meeting local law enforcement and FBI representatives in an effort to fully understand their procedures. Lastly, it’s crucial that you develop a relationship with a cybersecurity and legal/PR firm(s) that act quickly on your behalf to prevent further technical or reputational damage, as well as investigate the cybersecurity incident.
Cybersecurity breaches increase in risk as best practices are not implemented, which leads to exposing individuals’ personal information, organizational data, state and local data, and possible harm to the public’s drinking water. The EPA and Water ISAC September bulletin reiterates that 98% of organizations that follow basic security hygiene are protected from attacks (EPA & Water ISAC, 2024). This can be accomplished with the dedication to a training and awareness program that slowly trains employees on best cyber practices. IBM reported that the global average cost of a data breach in
Image courtesy of Elchinator, 14 April 2020 (https://pixabay.com/photos/security-alarm-monitor-cyber-5043368/)
2024 is $4.48 million, which is a 10% increase since 2023 (IBM, 2024). However, cost savings was $2.22 million on average for organizations that were prepared. Starting with the little things can have a huge impact on cyber resilience within your organization (IBM, 2024). The majority of these incidents are due to the lack of cyber hygiene, but the implementation of those processes has minimal costs.
Additionally, partnering with a professional service provider is a solution that offers many benefits. The benefit of a managed service provider (MSP) is a multitude of different aspects. The goal of an MSP is to remove the hassle and stress that comes with protecting your organization. There are many positives when it comes to outsourcing your IT and Cybersecurity. One of those positives is that it removes the stress of cybersecurity from organizations and allows entities to focus on their primary function. MSPs offer more than cybersecurity consulting, including procurement from manufacturers and distributers, help desk support, risk assessments, and gap analysis. There is a vast list of options available for smaller to larger entities, but it really depends on the needs of the organization.
It is important to highlight that organizations must vet an MSP to ensure they are operating in good faith, legally, and efficiently due to these organizations having access to business data, password(s), information system(s), operating system(s), license(s), and other critical components that may have a negative impact on any organization they are supporting. A few things to look out for would be legitimate accreditations, certifications, company history, professional knowledge, and pass successes or failures. Requesting references is a beneficial
approach to vetting an MSP as it allows organization to receive truthful feedback.
In conclusion, cybersecurity is very serious and, in today’s modern world of technology, is a vital component in protecting business information, data, operating technology, informa-
tion technology, and information systems. Water and wastewater are in need of cybersecurity implementation and many water systems have already started to take action. Take action today and reduce risk while increasing a defensive posture against cyber criminals.
References
CISA, C. (2025). Incident response plan (IRP) basics. Cybersecurity & Infrastructure Security Agency - CISA. https://www.cisa.gov/sites/default/files/publications/Incident-Response-Plan-Basics_508c.pdf
Environmental Protection Agency, E. P. A., & Water Information Sharing and Analysis Center, W. I. S. and A. C. (2024, September). WATERISAC. Water Information Sharing and Analysis Center - WaterISAC. https://www.waterisac.org/
IBM, I. (2024, August). Cost of a data breach 2024. https://www.ibm.com/reports/ data-breach
McCann, K. (2024, August 15). US Gov’t agency issues warning over water sector’s security. Cyber Magazine. https://cybermagazine.com/articles/us-govt-agencyissue-warning-over-water-sectors-security
United States Government Accountability Office, U. S. G. A. O. (2024, August). Critical Infrastructure Protection: EPA Urgently Needs a Strategy to Address Cybersecurity Risks to Water and Wastewater Systems. United States Government Accountability Office - U.S. GAO. https://www.gao.gov/assets/gao-24106744.pdf
WaterISAC, W. (2024, December 20). Cybersecurity fundamentals for water and Wastewater Utilities. https://www.waterisac.org/fundamentals
Graphic created by Katie Wong, 10 February 2025 TECH
Celebrating Local Government Volunteers During National Volunteer Week
By Miranda Augustine, Communications Coordinator
During National Volunteer Week, April 20-26, NHMA took the opportunity to shine a light on the incredible individuals who generously give their time, energy, and expertise to support New Hampshire’s municipalities. As we reflect on the week, we are proud to honor the contributions of our dedicated local government volunteers whose efforts help power our mission every day.
Local government volunteers serve on planning boards, zoning boards, budget committees, conservation commissions, school boards, and more. Their commitment to public service plays a vital role in strengthening democracy and building resilient, vibrant communities.
At NHMA, we also took the opportunity to highlight members of our Board of Directors, who volunteer their time to help guide and govern our organization in addition to their official municipal roles. Their contributions help ensure that NHMA continues to support and advocate for local governments statewide.
In addition to honoring our Board, we also turned the spotlight inward to recognize NHMA staff members who actively volunteer outside of their roles.
Margaret, Executive Director, volunteers as a Court Appointed Special Advocate (CASA or Guardian ad Litem) for CASA of New Hampshire, supporting children in the court system. She also dedicates time to Darbster Kitty, a rescue organization that helps find loving homes for cats in need.
Miranda, Communications Coordinator, serves as a volunteer judge for the Activist Artist Scholarship, a college scholarship program through the Lantos Foundation that supports young artists using their work to promote human rights.
In his hometown of Bow, Stephen, Legal Services Counsel, was a member of the planning board for 12 years and served as a member of the budget committee, and he currently serves as an alternate member on the Zoning Board of Adjustment. He is a
past chairman and current member of the executive committee of the Central New Hampshire Regional Planning Commission, and he is currently chairman of the New Hampshire Association of Regional Planning Commissions.
Brodie, Legislative Advocate, serves as a Member-at-Large on the Governor Wentworth Regional School Board, contributing to the oversight and governance of local public education.
Volunteerism remains a powerful force within local government and beyond. Whether organizing community events or serving on local boards and committees, volunteers bring passion and purpose to their communities.
To all local government volunteers across New Hampshire: our municipalities, and NHMA, are stronger because of you.
Municipal Management Association of New Hampshire
NHMA’S SUSTAINING SPONSORS
Elevate Your Business by Becoming a Sustaining Sponsor!
Becoming a Sustaining Sponsor positions your business as a patron of New Hampshire's cities and towns, enhancing your brand recognition and trust within the community. By aligning with the mission of the New Hampshire Municipal Association (NHMA), you can choose from tiered options that offer increasing levels of visibility and access. Strengthen your brand's reputation by supporting local government initiatives, and make a strategic investment that elevates your business profile. As a Sustaining Sponsor, you'll gain direct access to NHMA members, ensuring exposure to key decision-makers in local government.
We extend our deepest gratitude to our current Sustaining Sponsors. Your support is invaluable to NHMA and the local
? NAME THAT TOWN OR CITY
Granted by Massachusetts in 1737, it was first permanently settled in 1749. The town suffered several attacks during the French and Indian War. Nevertheless, by 1759, there were fifty families settled. Incorporated on January 17, 1760, by Governor Benning Wentworth, it was named after Lieutenant Peter Prescott of Concord, Massachusetts, a prominent land speculator.
The Contoocook River and Nubanusit Brook offered numerous sites for watermills, and this town became a prosperous mill town. Other industries included cotton factories, paper mills, an iron foundry, a machine shop, a carriage factory, a basket-maker, a maker of trusses and supporters, a boot and shoe factory, seven sawmills, and three gristmills.
This town established the first tax-supported free public library in the United States, in 1833. Its success led the New Hampshire State Legislature to pass legislation in 1849 authorizing towns to raise money to establish and maintain their own libraries. The library was in the town›s general store and post office, and the postmaster served as librarian. The library moved to the town hall in 1873
Other early cultural institutions include Mariarden, a summer theatre, where Paul Robeson played in Eugene O’Neill’s The Emperor Jones. Bette Davis performed there in her teens.
Additionally, this town’s leadership in environmental protection began in the 1990s, when its Earth Day USA office supported the United States Air Force’s annual Earth Day events around the world.
When you have figured out the answer, email it to maugustine@nhmunicipal.org. The answer will appear in the July/August 2025 issue.
ANSWER TO PHOTO IN THE MARCH/APRIL ISSUE:
The photo on page 52 in the last issue of New Hampshire Town and City magazine is that of the Town of Dummer.
Special thanks to Lisa Soper, Boyd Chivers, and Marshall Buttrick who responded with the correct answer!
Member Highlight: Classified Ads Postings
NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org
Member Highlight: Classified Ads Postings
The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and deadline.
NHMA offers an online job and/or classified ad postings at www.nhmunicipal.org.
If you would like to post a classified ad to NHMA’s website, but not quite sure how to do it, please contact NHMA’s Timothy Fortier at 603.226.1305 or tfortier@nhmunicipal.org
The postings are available to members without a charge and appear on the website for up to two months, or less, depending on your schedule. This can include job postings, bids, for sale items, Request for Proposals (RFPs), and Request for Qualifications (RFQs). Municipal employers posting jobs can include information on the position’s hours, job description, qualifications, pay, application process and deadline.
If you would like to post a classified ad to NHMA’s website, but not quite sure how to do it, please contact the NHMA at 603.224.7447 or info@ nhmunicipal.org.
